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MSUE Administrative Handbook: Human Resources

SUBJECT:    Dispute Resolution/Appeals - Continuing Employment (CE), Performance Development System (PDS), and General Purpose Dispute Resolution Procedure (GPDRP).           

POLICY:        MSUE academic staff members have recourse for review and resolution of concerns relating to an administrative action  through delineated MSUE resolution procedures.

APPLIES TO: MSUE provost-appointed academic staff with primary appointment in an MSUE administrative unit.

PROCEDURE RESTRICTIONS:

1.      Three dispute resolution/appeal circumstances are applicable within this policy: a) Continuing Employment Dismissal; b) Administrative actions within the Performance Development System; and c.) General Purpose Dispute Resolution Procedure.

a. Refer to the Continuing Employment System pages 5-9: Dismissal Hearing.

b. Refer to the Performance Development System Guide page 16: Appeal.

c. General Purpose Dispute Resolution Procedure, for complaints unrelated to CE or PDS: 

Informal Dispute Resolution

A staff member with a complaint is encouraged to bring this concern to the attention of the parties involved to attempt to reach an amicable agreement.  If this is not successful, the matter is then referred to the MSUE Human Resources Manager.  The MSUE Human Resources Manager will make all reasonable efforts to bring the parties involved together in a timely fashion and to reach a mutually acceptable solution to the concern.

 

Formal Dispute Resolution

                                                  i.      If the informal resolution is not satisfactory to the complainant, he/she may - within 30 calendar days of the complainant’s first knowledge of the matter - provide a written complaint to the appropriate administrative level detailing the party(ies) involved, the date the action took place, and the redress sought.  The complainant will confer with the MSUE Human Resource Manager to determine the appropriate supervisory level for written complaint submission, given the circumstance.  The appropriate supervisory level may be the next level supervisor, unit head, or Associate Director, depending on the matter at hand.  A copy of the complaint is provided to the MSUE Human Resources Manager. The supervisor receiving the complaint addresses the complaint in writing, within 14 calendar days of the receipt of the written complaint, granting or denying the relief sought.

                                                ii.      If the complainant is not satisfied with the immediate supervisor’s response, he/she may request a higher level of MSUE administrative review within 5 working days of the receipt of the immediate supervisor’s written response.  This is accomplished through a request directed to the MSUE Human Resources Manager.   If the complainant fails to appeal within the prescribed time limits, this constitutes acceptance of the immediate supervisor's decision.  If step ii has satisfied the element of the highest MSUE administrative review then step iii is applicable.

                                              iii.      If the complainant is not satisfied with the administrative review and response, he/she may request an appeal committee review.  This written request is directed to the MSUE Human Resources Manager and must be received by the MSUE HR office within 10 working days of the receipt of the administrative response.

 

2.      The appeal document specifies the common appeal procedures hearing, parties involved and meeting protocol applicable for a CE, PDS, or GPCRP related appeal. Some key points include:

a.“Due process” guides the appeal hearing.  Due process means: 1) an academic staff member has the opportunity for a hearing; 2) to present evidence; 3) to receive a reasoned decision from the hearing panel; 4) an adequate statement of charges; 5) reasonable time to prepare a defense.

b.      The appeal committee is composed of three members: one appointed by the Director of Extension, one appointed by the academic staff member, and the Chair, who is a neutral third party from outside CANR/MSUE and who has extensive experience in conducting such hearings.

c.The committee forms a recommendation regarding the disposition of the appeal and submits it, along with rationale, to the Extension Director.

d.      The Director of Extension makes the final decision regarding PDS and GPCRP matters.  The CANR Dean makes the final decision regarding CE matters.

3.      Questions should be addressed to MSUE Human Resources.

 

April 2009